Enrolled HB 136: Restricting the authority of a court to suspend execution of a sentence or grant probation in prosecutions for driving while under the influence and prosecutions for refusal to submit to a chemical test; and allowing a court to suspend up to 75 percent of the minimum fines required for driving while under the influence and for refusal to submit to a chemical test if the defendant successfully completes a court-ordered treatment program.
00Enrolled HB 136 01 Restricting the authority of a court to suspend execution of a sentence or grant probation in 02 prosecutions for driving while under the influence and prosecutions for refusal to submit to a 03 chemical test; and allowing a court to suspend up to 75 percent of the minimum fines required 04 for driving while under the influence and for refusal to submit to a chemical test if the 05 defendant successfully completes a court-ordered treatment program. 06 _______________ 07 * Section 1. AS 28.35.030(b) is amended to read: 08 (b) Except as provided under (n) of this section, driving while under the 09 influence of an alcoholic beverage, inhalant, or controlled substance is a class A 10 misdemeanor. Except as provided under (p) of this section, upon conviction, 11 (1) the court shall impose a minimum sentence of imprisonment of 12 (A) not less than 72 consecutive hours and a fine of not less
01 than $1,500 if the person has not been previously convicted; 02 (B) not less than 20 days and a fine of not less than $3,000 if 03 the person has been previously convicted once; 04 (C) not less than 60 days and a fine of not less than $4,000 if 05 the person has been previously convicted twice and is not subject to 06 punishment under (n) of this section; 07 (D) not less than 120 days and a fine of not less than $5,000 if 08 the person has been previously convicted three times and is not subject to 09 punishment under (n) of this section; 10 (E) not less than 240 days and a fine of not less than $6,000 if 11 the person has been previously convicted four times and is not subject to 12 punishment under (n) of this section; 13 (F) not less than 360 days and a fine of not less than $7,000 if 14 the person has been previously convicted more than four times and is not 15 subject to punishment under (n) of this section; 16 (2) the court may not 17 (A) suspend execution of sentence or grant probation except on 18 condition that the person 19 (i) serve the minimum imprisonment under (1) of this 20 subsection; and 21 (ii) pay the minimum fine required under (1) of this 22 subsection; 23 (B) suspend imposition of sentence; 24 (3) the court shall revoke the person's driver's license, privilege to 25 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 26 motor vehicle, aircraft, or watercraft that was used in commission of the offense be 27 forfeited under AS 28.35.036; and 28 (4) the court may order that the person, while incarcerated or as a 29 condition of probation or parole, take a drug or combination of drugs intended to 30 prevent the consumption of an alcoholic beverage; a condition of probation or parole 31 imposed under this paragraph is in addition to any other condition authorized under
01 another provision of law. 02 * Sec. 2. AS 28.35.030(n) is amended to read: 03 (n) A person is guilty of a class C felony if the person is convicted under (a) of 04 this section and either has been previously convicted two or more times since 05 January 1, 1996, and within the 10 years preceding the date of the present offense, or 06 punishment under this subsection or under AS 28.35.032(p) was previously imposed 07 within the last 10 years. For purposes of determining minimum sentences based on 08 previous convictions, the provisions of (t)(4) of this section apply. Upon conviction, 09 the court 10 (1) shall impose a fine of not less than $10,000 and a minimum 11 sentence of imprisonment of not less than 12 (A) 120 days if the person has been previously convicted twice; 13 (B) 240 days if the person has been previously convicted three 14 times; 15 (C) 360 days if the person has been previously convicted four 16 or more times; 17 (2) may not 18 (A) suspend execution of sentence or grant probation except on 19 condition that the person 20 (i) serve the minimum imprisonment under (1) of this 21 subsection; and 22 (ii) pay the minimum fine required under (1) of this 23 subsection; or 24 (B) suspend imposition of sentence; 25 (3) shall permanently revoke the person's driver's license, privilege to 26 drive, or privilege to obtain a license subject to restoration of the license under (o) of 27 this section; 28 (4) may order that the person, while incarcerated or as a condition of 29 probation or parole, take a drug or combination of drugs, intended to prevent the 30 consumption of an alcoholic beverage; a condition of probation or parole imposed 31 under this paragraph is in addition to any other condition authorized under another
01 provision of law; 02 (5) shall order forfeiture under AS 28.35.036 of the vehicle, watercraft, 03 or aircraft used in the commission of the offense, subject to remission under 04 AS 28.35.037; and 05 (6) shall order the department to revoke the registration for any vehicle 06 registered by the department in the name of the person convicted under this 07 subsection; if a person convicted under this subsection is a registered co-owner of a 08 vehicle or is registered as a co-owner under a business name, the department shall 09 reissue the vehicle registration and omit the name of the person convicted under this 10 subsection. 11 * Sec. 3. AS 28.35.030(p) is amended to read: 12 (p) If the court determines that the person has successfully completed a court- 13 ordered treatment program, the court may suspend up to 75 percent of the mandatory 14 minimum sentence required under (b)(1) or (n)(1) of this section and up to 75 [50] 15 percent of the minimum fines required under (b)(1) or (n)(1) of this section. This 16 subsection does not apply to a person who has already participated in a court-ordered 17 treatment program two or more times. In this subsection, "court-ordered treatment" 18 means a treatment program for a person who consumes alcohol or drugs and that 19 (1) requires participation for at least 18 consecutive months; 20 (2) includes planning and treatment for alcohol or drug addiction; 21 (3) includes emphasis on personal responsibility; 22 (4) provides in-court recognition of progress and sanctions for 23 relapses; 24 (5) requires payment of restitution to victims and completion of 25 community work service; 26 (6) includes physician approved treatment of physical addiction and 27 treatment of the psychological causes of addiction; 28 (7) includes a monitoring program and physical placement or housing; 29 and 30 (8) requires adherence to conditions of probation. 31 * Sec. 4. AS 28.35.032(g) is amended to read:
01 (g) Except as provided under (r) of this section, upon conviction under this 02 section, 03 (1) the court shall impose a minimum sentence of imprisonment of 04 (A) not less than 72 consecutive hours and a fine of not less 05 than $1,500 if the person has not been previously convicted; 06 (B) not less than 20 days and a fine of not less than $3,000 if 07 the person has been previously convicted once; 08 (C) not less than 60 days and a fine of not less than $4,000 if 09 the person has been previously convicted twice and is not subject to 10 punishment under (p) of this section; 11 (D) not less than 120 days and a fine of not less than $5,000 if 12 the person has been previously convicted three times and is not subject to 13 punishment under (p) of this section; 14 (E) not less than 240 days and a fine of not less than $6,000 if 15 the person has been previously convicted four times and is not subject to 16 punishment under (p) of this section; 17 (F) not less than 360 days and a fine of not less than $7,000 if 18 the person has been previously convicted more than four times and is not 19 subject to punishment under (p) of this section; 20 (2) the court may not 21 (A) suspend execution of the sentence required by (1) of this 22 subsection or grant probation, except on condition that the person 23 (i) serve the minimum imprisonment under (1) of this 24 subsection; and 25 (ii) pay the minimum fine required under (1) of this 26 subsection; or 27 (B) suspend imposition of sentence; 28 (3) the court shall revoke the person's driver's license, privilege to 29 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 30 motor vehicle, aircraft, or watercraft that was used in commission of the offense be 31 forfeited under AS 28.35.036;
01 (4) the court may order that the person, while incarcerated or as a 02 condition of probation or parole, take a drug or combination of drugs intended to 03 prevent the consumption of an alcoholic beverage; a condition of probation or parole 04 imposed under this paragraph is in addition to any other condition authorized under 05 another provision of law; and 06 (5) the sentence imposed by the court under this subsection shall run 07 consecutively with any other sentence of imprisonment imposed on the person. 08 * Sec. 5. AS 28.35.032(p) is amended to read: 09 (p) A person is guilty of a class C felony if the person is convicted under this 10 section and either has been previously convicted two or more times since January 1, 11 1996, and within the 10 years preceding the date of the present offense, or punishment 12 under this subsection or under AS 28.35.030(n) was previously imposed within the 13 last 10 years. For purposes of determining minimum sentences based on previous 14 convictions, the provisions of AS 28.35.030(t)(4) apply. Upon conviction, 15 (1) the court shall impose a fine of not less than $10,000 and a 16 minimum sentence of imprisonment of not less than 17 (A) 120 days if the person has been previously convicted twice; 18 (B) 240 days if the person has been previously convicted three 19 times; 20 (C) 360 days if the person has been previously convicted four 21 or more times; 22 (2) the court may not 23 (A) suspend execution of the sentence required by (1) of this 24 subsection or grant probation, except on condition that the person 25 (i) serve the minimum imprisonment under (1) of this 26 subsection; and 27 (ii) pay the minimum fine required under (1) of this 28 subsection; or 29 (B) suspend imposition of sentence; 30 (3) the court shall permanently revoke the person's driver's license, 31 privilege to drive, or privilege to obtain a license subject to restoration under (q) of
01 this section; 02 (4) the court may order that the person, while incarcerated or as a 03 condition of probation or parole, take a drug, or combination of drugs, intended to 04 prevent consumption of an alcoholic beverage; a condition of probation or parole 05 imposed under this paragraph is in addition to any other condition authorized under 06 another provision of law; 07 (5) the sentence imposed by the court under this subsection shall run 08 consecutively with any other sentence of imprisonment imposed on the person; 09 (6) the court shall order forfeiture under AS 28.35.036, of the motor 10 vehicle, aircraft, or watercraft used in the commission of the offense, subject to 11 remission under AS 28.35.037; and 12 (7) the court shall order the department to revoke the registration for 13 any vehicle registered by the department in the name of the person convicted under 14 this subsection; if a person convicted under this subsection is a registered co-owner of 15 a vehicle, the department shall reissue the vehicle registration and omit the name of 16 the person convicted under this subsection. 17 * Sec. 6. AS 28.35.032(r) is amended to read: 18 (r) If the court determines that the person has successfully completed a court- 19 ordered treatment program, the court may suspend up to 75 percent of the mandatory 20 minimum sentence required under (g)(1) or (p)(1) of this section and up to 75 [50] 21 percent of the minimum fine required under (g)(1) or (p)(1) of this section. This 22 subsection does not apply to a person who has already participated in a court-ordered 23 treatment program two or more times. In this subsection, "court-ordered treatment" 24 has the meaning given in AS 28.35.030(p).